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…The company concurrently with that reply filed an application seeking orders to prohibit the company from advertising the petition and the removal of the petition from the file of the proceedings or in the alternative that…

…It was common ground that after my dismissal of the application to remove the petition from the proceedings or stay or strike out the same, the company came along and paid the entire principal amount owed to the petitioner…

…She also claimed that no hearing is allowed in revision proceedings. With due respect we do not think Miss Nyaanga’s submissions are quite correct.…

…The procedure followed in commencing these proceedings, is in our view, proper.…

…Although dealing with service under rule 15, the Court was emphatic that there being no personal service and the advertisement in the gazette being out of time, the proceedings were a nullity.…

…Failure to serve within the stipulated 10 days renders any consequential proceedings a nullity. In our view the subrule is complete and positively states what to be done by who, on who and in which time span.…

…The facts leading to these proceedings are brief and straightforward.…

…No proceedings or decision of the Assembly or the Committee of Privileges acting in accordance with this Act shall be questioned in any Court.” 17.…

…The facts leading to these proceedings are brief and straightforward.…

…No proceedings or decision of the Assembly or the Committee of Privileges acting in accordance with this Act shall be questioned in any Court.” 17.…

…At the commencement of the proceedings it was agreed by consent that issues of property be dealt with at a later stage either in the same proceedings or in fresh proceedings and hence this judgment deals with dissolution…

…In costs in matrimonial proceedings except where it is shown that she has sufficient separate estate. In this case it has not been shown that the respondent has separate estate.…

…This application before us is for stay of proceedings in the superior court pending the hearing and determination of an intended appeal. There is nothing however to stay under rule 5(2) of the Rules of this court. Mr.…

…DAMJI PATTNI.........................APPLICANT AND NASIR IBRAHIM ALI DINKY INTERNATIONAL SA WORLD DUTY FREE COMPANY LIMITED KENYA DUTY FREE COMPLEX................................RESPONDENTS (Application for stay of all proceedings…

…Akhaabi, advocate for the applicants, that he applied for certified copies of the proceedings and judgment on October 22, 1991 he stated from Bar that he had in fact applied for them on July 3, 1990.…

…There is, however, no satisfactory account of the time that has lapsed between January, 1992 up to December 1992 when copies of proceedings were collected. This is almost a whole year.…

…An application for copies of proceedings (copied to the other side) was made on 10 March, 1999 and these were collected on 8 May, 1998 . The last day, therefore, for the filing of the appeal, as Mrs.…

…After viewing the proceedings in July 1998 this application was not filed until, as I have already seen, 4th September, 1998. There is no explanation for this long delay.…

…Before Mr Nowrojee responded to Mr Kilonzo’s reply, Mr Mbaya rose to press for costs in these proceedings.…

…Mr Kilonzo had posited that since the 2nd and 3rd respondents filed no papers in these proceedings then they were not entitled to costs in the event this application was not successful.…

…53 Rule 1(3) Civil Procedure Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings…

…Discretion was exercised by the Respondent in the testing of the Applicant and it would be a futile exercise granting the Applicant leave to bring Judicial Review proceedings.…

…I order the respondent to pay the costs occasioned by these proceedings. Finally, I direct that a decree nisi do issue today, and the same to be made absolute within a period of one month from today.…

…It is the law that proceedings on a petition presented with an illegitimate object of putting pressure on the company would be stayed as an abuse of process.…

…53 Rule 1(3) Civil Procedure Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings…

…Discretion was exercised by the Respondent in the testing of the Applicant and it would be a futile exercise granting the Applicant leave to bring Judicial Review proceedings.…

…RESPONDENT RULING These proceedings are in respect of the estate of one Meshack Kangi Karemi who died in Nairobi on the 25th of July, 1985 at the age of seventy years.…

…Before the commencement of this hearing it was agreed that the proceedings were in accordance with section 70 of the Succession Act.…

…Applicant knew everything all along i.e. the debt, the judgment in a civil suit giving rise to these proceedings, notice, petition and the hearing.…

…That this is so was borne out by the company’s readiness as disclosed by its counsel at the beginning of the proceedings, to concede to the making of the winding-up order, on conditions which this court however found unacceptable…